Available by phone, email, or video conference, Dr. Lefkowitz provides professional help for depositions, litigation support, Expert witness testimony for Plaintiff & Defense, and will travel for depositions or courtroom testimony.


Info about Eye Surgery Malpractice By an Ophthalmology Expert Witness

Eye surgery malpractice occurs when doctors fail to meet their professional obligations to patients. This could mean failing to properly diagnose a condition or providing inadequate information about risks before proceeding with treatment. It could also mean performing unnecessary procedures or using outdated techniques that are known to carry a higher risk of complications than newer techniques do.
A patient’s vision may deteriorate rather than improve due to medical misconduct. As a result of the eye surgery's negligence, they are unable to see well. Their eyes get dry and irritated. They may also have blurred vision, halos, night blindness, double vision, or other issues. In the worst-case scenario, patients may potentially get an eye infection. In severe situations, patients may develop ectasia, or keratoconus, require a corneal eye transplant, or even go blind.

If a patient has been injured due to eye surgery malpractice, they should seek the advice and aid of a legal specialist.

Medical Malpractice in Eye Surgery

Ophthalmologists are doctors who specialize in treating the eyes. They are trained to undertake a wide range of eye care tasks, including eye surgery. Some are board-certified, while others have sub-specialties, like glaucoma treatment, ocular plastic surgery, or treating a damaged cornea. In other circumstances, they do corrective surgery, lid repair surgery, or orbital surgery to implant artificial eyes. But, it can be challenging to tell if a doctor has provided the medical standard of care. That is why it is critical for anybody whose eye surgery ends in a negative outcome to consult a qualified, experienced medical malpractice attorney with the knowledge base to determine whether a doctor's treatment fell short of the needed minimum level. However, when it comes to eye surgery, the level of care should be similar to others. These procedures are often performed by specialized surgical teams. They are responsible for ensuring that they do not make mistakes that might affect a patient's vision. Nobody expects their ophthalmologist to make mistakes during surgery.
Medical malpractice in eye surgery is a type of medical negligence that occurs when an ophthalmologist fails to provide the correct treatment for their patient. This can result in blindness or other serious complications such as infection and loss of vision. Most medical malpractice cases in eye surgery occur because the doctor has failed to follow the appropriate protocols and procedures for treating a patient’s condition. For example, if a doctor performs an unnecessary procedure on a patient, this would be considered malpractice since there was no need for it. Once a lawyer is hired to verify if malpractice has occurred, that lawyer often seeks an expert opinion from an expert ophthalmologist witness to review the case.
In many cases, medical malpractice in eye surgery will occur because the ophthalmologist did not follow proper protocols when performing the surgery. For example, if you have cataract surgery and your doctor does not follow proper protocol for cleaning and sterilizing their equipment before performing the procedure, this could cause an infection and lead to permanent damage or even blindness.
A recent study shows that medical malpractice is a serious issue in eye surgery. It can have devastating consequences for the patient and the doctor. The law protects patients from medical negligence, which means that if a doctor does not provide proper treatment or fails to follow appropriate procedures, they may be held liable for damages caused by their actions.
The study, published in the journal JAMA Ophthalmology, examined 1,566 cases of medical malpractice involving eye surgery and found that around 12 percent of these cases were due to some type of error. The researchers looked at data from 2005 through 2010 and found that errors in eye surgery are common, with many occurring during the initial stages of treatment.
Therefore, when selecting an eye surgeon, patients should look for someone who has experience with their particular condition and will not rush them into surgery after first considering all other available options. They should also ask about any previous complications during surgery and how their surgeon handled those. If you have suffered an injury due to negligent selection or referral by your doctor, you must consult with an experienced attorney who can help you recover damages from both parties involved.

Examples of Medical Malpractice in Eye Surgery

In the United States, the National Eye Institute estimates that approximately 2 million people undergo eye surgery each year. While most of these procedures are successful, some result in permanent damage, and others even cause death. Common examples of medical malpractice in eye surgery include:
The most common type of medical malpractice is misdiagnosis. A misdiagnosis occurs when a doctor fails to correctly identify an illness or disease. The doctor may also fail to diagnose an illness. In some cases, a patient may not have been diagnosed with an illness, but they are experiencing symptoms that indicate they need immediate attention.
Lack of informed consent
Doctor should always provide their patient with full disclosure regarding any procedures they plan on performing on them. If they fail to do so and something goes wrong during the procedure, then it could be considered medical malpractice. Doctors who perform surgeries without giving their patients full disclosure may be liable if something goes wrong during or after surgery because it was not performed properly due to a lack of information from the patient's end.
Sterilization errors
Infections are a common cause of medical malpractice in eye surgery. Sterilization errors are a major cause of infections during and after surgery. The most common type of sterilization error occurs when the surgeon uses unsterile instruments or surgical tools during an operation. This can happen when the surgeon forgets to scrub up or clean his hands before starting the procedure or if he uses a dirty towel to wipe his hands. Improper sterilization may also occur if the surgeon uses the wrong type of instrument or tool to operate because he used outdated equipment or did not check the expiration date on his surgical tools before using them.
Surgical errors
A surgical error occurs when a doctor makes an error during an operation that causes serious harm to his patient. During an operation, doctors must follow strict protocols and take all necessary precautions to ensure that they don't make mistakes during surgery. If they cut too much tissue or stitch up an incision incorrectly, this could result in damage to nerves or other parts of the eye that could impair vision permanently.

Injuries an Ophthalmologist’s Error Can Cause

An ophthalmologist’s error can cause injuries to the eye. These are usually caused by an incorrect diagnosis or misdiagnosis of a condition, and they can also be caused by medical errors such as failing to diagnose an infection in time. A patient's eyes and vision may suffer permanent damage due to an ophthalmologist's error or a mistake made by the doctor's staff.
This damage may include permanent loss of vision, blurry vision, sensitivity to light, poor or no color perception, tunnel vision, and diminished depth perception, among other things. Patients who suffer from eye surgery malpractice may be unable to function independently, drive, do their jobs, or participate in any of the myriad activities that depend on good vision.
A medical professional can cause an injury to your eye by performing an eye exam incorrectly, taking too long to diagnose a condition, or failing to give you the right treatment. So, if you’ve been injured due to an ophthalmologist’s error.

Legal Rights to Compensation for Eye Surgery Malpractice

In the United States, most states have enacted laws allowing compensation to be paid to individuals who suffer from injuries caused by medical malpractice. The law varies from state to state and depends on the type of injury suffered and other factors, such as whether or not a lawsuit can be filed against the physician or hospital.
The right to sue for damages in this situation is known as a "legal rights" and is usually spelled out in statutes that govern medical negligence lawsuits. In some cases, these statutes also spell out what types of damages may be compensated if there is a successful lawsuit. The difficulties can be any of the following, depending on the state where the patient obtains inadequate care:
  • Doing a pre-lawsuit inquiry under the supervision of an expert medical malpractice lawyer who can vouch that it was done and that a claim has a solid foundation;
  • To confirm that the patient did not get the requisite standard of treatment, obtaining expert medical views;
  • Letting the medical provider know in advance that a lawsuit will be filed and giving them time to look into it and reply;
  • Allowing the medical provider to conduct a pre-lawsuit inquiry, which may involve having the provider's medical expert evaluate the patient;
  • Presenting the claim to a medical malpractice review panel, which determines if it has sufficient merit to be pursued; and
  • Taking part in any claim's required pre-action mediation.
Injury victims who have their pre-suit procedure effectively handled by attorneys can then frequently file a lawsuit against the doctor whose errors during their eye surgery caused them injury. The patient may file a lawsuit to collect any of the following damages:
  • Medical costs for operations, hospital stays, doctor visits, therapy appointments, and medicines are necessary to address the harm brought on by the medical mistake and any subsequent health concerns stemming from it.
  • Other expenditures are incurred due to eye surgery-related injuries, such as house modifications, special equipment purchases, or hiring additional help to accommodate a loss of vision.

Settling an Eye Surgery Medical Malpractice Claim

Eye surgery medical malpractice cases are often settled out of court. The parties may decide to settle because one side is unwilling to go through the time and expense of a trial, or they may settle because they think they have a good chance of prevailing at trial but would rather avoid the risk of losing.
In most personal injury cases, including medical malpractice cases, if you do not have an expert witness, your attorney will need to hire one. An ophthalmology expert witness can give your attorney credibility when it comes time to negotiate with the defendant’s attorney or speak in front of a jury.
The role of an ophthalmology expert witness is to provide expert testimony regarding appropriate care for eye surgeries and explain why certain actions by the surgeon were inconsistent with the standard of care. An expert witness should be able to explain why the treatment was inappropriate for some malpractice claims and why other malpractice claims may fall outside their area of expertise.

Going to Trial on an Eye Surgery Medical Malpractice Claim

A medical malpractice claim is one where the patient has suffered injury as a result of a doctor’s error or negligence. In order to file an action, you must file it with the state in which you were treated. If you seek compensation for your injuries, you need to contact an attorney who can help guide you through this process and represent your interests in court.
Not all cases are resolved. An expert medical malpractice lawyer may advise their client that taking the case before a judge and jury in a trial is the best way to seek compensation for eye-surgery-related damage.
Again, getting to trial on a claim of medical misconduct in eye surgery necessitates the services of a qualified and experienced medical malpractice attorney. Errors in eye surgery might be difficult to explain to someone who is not a doctor. To perform a successful job in court, lawyers for harmed eye surgery patients must have a solid grasp of medical science and the ability to clarify issues so that any juror may comprehend them. It needs a unique combination of brains and street smarts.

Affording an Eye Surgery Ophthalmology Expert Witness

Due to a botched eye operation, injured patients and their families face immense physical, emotional, and financial pain. Adapting to an unforeseen injury that has caused significant life disruption is daunting. Thus, many people in that difficult circumstance ask how they would pay for a lawyer and an eye surgery expert. Fortunately, initial consultation with a top-tier medical malpractice attorney is free of charge for harmed patients and their families. Eye surgery lawyers understand the financial impact that the injuries have created. They aim to make it as simple as possible for patients to seek assistance.
An eye surgery expert witness is a person who has special knowledge and experience in the field of eye surgery. They can give testimony about the current state of an injured or diseased eye and what could have caused it. The best ophthalmology experts can provide insight into how injuries occurred and how they may affect future vision.
In the United States, eye surgery is one of the most common procedures. It is estimated that more than 1 million procedures are performed each year. This number does not include minor procedures such as injections, which are also very common. Most of these surgeries are successful, but sometimes they cause serious problems for patients and their families. When this happens, the injured patient or the deceased patient's family may be entitled to compensation in an injury lawsuit.

Finding the Right Ophthalmology Expert Witness

Eye injuries are serious and can result in permanent vision loss or even blindness. Thus, you must know your legal rights if you have been injured due to someone else’s negligence. If you happen to suffer from eye surgery malpractice, calling an ophthalmology expert witness is a must to testify in court as to the condition of an eye.
The right Expert Ophthalmologist witness can provide expert witness services to defend a defendant or plaintiff in an eye injury case. They should have extensive experience providing testimony on behalf of plaintiffs and defendants who have been injured by defective products, medical malpractice, dangerous drugs, unsafe conditions at work or school, and other accidents that cause permanent damage to the eyes.

Email me at

© Copyright 2023. Todd A. Lefkowitz MD Expert Ophthalmology Witness. All Rights Reserved | Sitemap